MARYLAND COURT OF APPEALS 123

he is in no wise Guilty of the trespass and Ejectment above mencond and
imposed upon him in manner and forme as the plantiff above in his dec-
laration against him hath complained and of this he puts himself upon the
Countrey And the plantiff alsoe Command was therefore given the Sherriff
of Ann Arundell County that he cause to come here twelue etc. by whom etc.
and who neither etc. to recognize etc. because as well etc.

Now here at this day to win the Eighth day of November aforesaid came
the said party's by their Attorneys and the Jurors of that Jury being calld
likewise came to witt ..............................................

.................. who being elected tryed and Sworne to say the truth

in the premises do say wee of the Jury find for the plantiff. And thereupon
came the said Notley Rozier by his said Attorney and mooved the Court
here in stay of the Judgment aforesaid upon the Verdict aforesaid Which
was granted by the Court here and day is further given untill the next pro-
vinciall Court

At which said next provintiall Court to Witt the Nineth day of May

1699 came the said party's by their Attorneys Aforesaid and the said Notley

by his said Attorney Exhibitted to the Court here his reasons for Arrest of
the Judgment aforesaid which followeth in these words Vizt

i^th The tract of land in Question is no other ways claimed by Lynes
then by and under the title of John Duglass and it appears by the said Dug-
lasses grant that he has it no other way then in trust and to the uses men-
tiond in Bridgett Heards will which trust does not give him such a prop-
erty therein as to be capeable to make an absolute sale thereof as he has done
to Lynes therefore the said Lynes title under the said Duglass is naught and
not Sufficient to ground an Action upon against the said Rozier wherefore
no Judgment ought to be entred upon the said Verdict for Lynes.
[184] 2^dly If the said Duglass has any title in his owne right to the said
land it can be to no more then one fourth part thereof the one half being
bequeathed to Wm Heard And the one half of the other remaining half to
Mary Yonkins¹ and Duglass grant being to themselves of the Will gives him
at most a property to no noe [sic] more then A fourth part of the said land
which he relinquised to Roziers father (or if he had not he cannot have
Judgment upon this Verdict for the whole land nor for any part in particu-
lar noe division being ever made between him and the other legatees and
there being but an estate for life given by the will the grant to Duglass for
the uses thereof (tho the word heires be put in does not enlarge the estate.

R: Gouldesborough

Thereupon by consent of both partys this cause was further continued.

And now here at this day to witt the 2 5^th day of Aprill in the 12^th Yeare
of his Majestys reigne etc. Anno Dni 1698 came the said partys by their At-
torneys aforesaid and the reasons in Arrest of the Judgment aforesaid was

i Yemkin, according to Land Office records.